Divorce & Annulment

questions & answers

Question: My "ex" and i got a marriage license back in 2007. had a wedding ceremony but NEVER filed for the Marriage Certificate. Does that mean that we were never Legally Married?? We are now wanting a "divorce", we both agree on everything we just want to be returned to "single" status and i would like to change back to my maiden name. i would also like to marry again in the future. How do i go about getting my maiden name back if i was never legally married. can i remarry with out a "divorce decree" since we were never "legally" married?

Answer:

The validity of a marriage in Arizona is governed by the following statute:  A.R.S. Section 25-111.   (This website answers questions on Arizona law).  Section 25-111 states a marriage contracted in Arizona shall not be valid unless all of the following conditions are met.
1.  A license is issued;
2.  The marriage is solemnized by a ceremony before a person who is authorized to perform marriages or by someone purporting to be authorized and who the participants believe in good faith is so authorized.
3.  The marriage is solemnized before the expiration of the date on the license.
 
You both may want to meet with an attorney.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You wil need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is  $75 per  hour.  The telephone number is (866) 637-5341.  Both Maricopa and Pima Counties have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers its 30 minute consult with an experienced attorney for $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.

QUESTIONS

  • My "ex" and i got a marriage license back in 2007. had a wedding ceremony but NEVER filed for the Marriage Certificate. Does that mean that we were never Legally Married?? We are now wanting a "divorce", we both agree on everything we just want to be returned to "single" status and i would like to change back to my maiden name. i would also like to marry again in the future. How do i go about getting my maiden name back if i was never legally married. can i remarry with out a "divorce decree" since we were never "legally" married?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
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